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Decree Of December 1, 2014 With Approval Of The Decision No. 2014-Dc-0467 Of The Nuclear Safety Authority Of 12 November 2014 Requiring The Company Cis Bio International To Deposit An Amount Corresponding To The Amount Of Work R

Original Language Title: Arrêté du 1er décembre 2014 portant homologation de la décision n° 2014-DC-0467 de l'Autorité de sûreté nucléaire du 12 novembre 2014 obligeant la société CIS bio international à consigner une somme répondant du montant des travaux à r

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JORF n°0286 of 11 December 2014 page 20700
text No. 6



Decision No. 2014-DC-0467 of the Nuclear Safety Authority dated November 12, 2014 adjudicating CIS international bio company to record a sum meeting the amount of work to be carried out in order to comply with the fire risk reduction requirements of INB No. 29, known as UPRA, located on the Saclay site (Essonne)

NOR: DEVP1427487A ELI: https://www.legifrance.gouv.fr/eli/arrete/2014/12/1/DEVP1427487A/jo/texte


Minister of Ecology, Sustainable Development and Energy,
Vu le environmental codeincluding article L. 596-18;
Vu le Decree No. 2007-1557 of 2 November 2007 relating to basic nuclear facilities and the nuclear safety control of the transport of radioactive substances, including Article 3 thereof,
Stop it!

Article 1


Decision No. 2014-DC-0467 of the Nuclear Safety Authority of 12 November 2014 obliging CIS international bio company to record a sum meeting the amount of work to be performed in order to comply with the fire risk reduction requirements of INB No. 29, known as UPRA, located on the Saclay (Essonne) site is approved.

Article 2


The decision annexed to this Order will be published in the Official Journal of the French Republic.

Article 3


The Director General of Risk Prevention is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex


    Annex
    DECISION NO 2014-DC-0467 OF THE AUTHORITY OF NUCLEAR SUGEES OF 12 NOVEMBER 2014 OBLIKE THE INTERNATIONAL SOCIETY BIO TO CONSIGN A SOMME REPONDING OF THE MONTANT OF WORK TO FOLLOW-UP TO CONFORMAL REQUIREMENTS OF INSTAL RISK


    The Nuclear Safety Authority,
    Vu le environmental codeincluding articles L. 593-20, L. 596-14, L. 596-15, L. 596-18, L. 596-20 and L. 596-23;
    Vu le Decree No. 2007-1557 of 2 November 2007 amended on basic nuclear facilities and the nuclear safety control of the transport of radioactive substances, including articles 18, 24 and 54;
    Vu le Decree No. 2008-1320 of 15 December 2008 authorizing CIS international bio company to operate, in the territory of the municipality of Saclay (Department of the Essonne), INB No. 29, known as UPRA, previously operated by the Office of the Atomic Energy Commissioner;
    Having regard to the amended decision of 7 February 2012 setting out the general rules for basic nuclear facilities;
    Having regard to Decision No. 2013-DC-0339 of the Nuclear Safety Authority of 19 March 2013 on the security review of INB No. 29, known as UPRA and operated by CIS international bio company, located on the site of Saclay (Essonne) ;
    In view of Decision No. 2014-DC-0430 of the Nuclear Safety Authority of 6 May 2014 establishing CIS international bio company to comply with fire risk reduction requirements and prescribing interim countervailing measures for the operation of INB No. 29, known as UPRA, located on the site of Saclay (Essonne);
    Having regard to Decision No. 2014-DC-0445 of the Nuclear Safety Authority of 15 July 2014 rejecting the request for free appeal of CIS international bio company, operator of INB No. 29, known as UPRA, located on the site of Saclay (Essonne), against Decision No. 2014-DC-0430 of the Nuclear Safety Authority of 6 May 2014;
    In view of the ASN's report of 4 July 2013 on the INB Safety Review File No. 29, to the attention of the Minister of Ecology, Sustainable Development and Energy, the Minister of Productive Recovery and the Minister of Social Affairs and Health;
    Having regard to the letter of the Nuclear Safety Authority CODEP-DRC-2012-022739 dated 9 January 2013 following the analysis of the safety review file of INB No. 29;
    Considering the letter of the Nuclear Safety Authority CODEP-OLS-2013-043703 of 29 July 2013 concerning the inspection of 11 and 12 July 2013 within INB No. 29 on the theme of the fire;
    Having regard to the letter from the Nuclear Safety Authority CODEP-DRC-2014-005821 dated 11 February 2014 on the report of the meeting of 14 November 2013 between the ASN and CIS international bio on the follow-up to commitments following the security review of INB No. 29;
    Having regard to the letter of the Nuclear Safety Authority CODEP-DRC-2014-010998 dated 7 March 2014 relating to compliance with the work prescribed in the decision of 19 March 2013 on the security review of INB No. 29;
    Having regard to the letter from the Nuclear Safety Authority CODEP-OLS-2014-038612 of 22 August 2014 on the inspection of 20 August 2014 within INB No. 29 on the subject of compliance with the decision on 6 May 2014;
    Considering the opinion of 12 July 2010 of the Standing Group of Experts on the Safety Review of INB No. 29 operated by CIS international biologic company;
    Considering the opinion of 7 March 2012 of the Standing Group of Experts on the Further Re-investigation of INB No. 29 operated by CIS International Bio Corporation;
    Having regard to the letter of CIS international bio dated 18 January 2013 on the draft requirements submitted to it;
    Considering the letter from CIS international bio DSRSNE/2013-190/PhC of 30 April 2013 on the timelines associated with the implementation of the actions required to establish automatic fire suppression systems;
    Considering the letters of CIS international bio DSRSNE/2013-336/PhC of 20 September 2013 and DSRSNE/2014-018/PhC of 14 February 2014 relating to the status of the actions implemented in order to comply with the requirements of the decision on the security review of INB No. 29;
    Considering the report of the company SOCOTEC n°ANC/12-3059 PB/YB on the analysis of the holding on fire of the structures of Building 549 of INB no. 29;
    Considering the comments of CIS International Bio Corporation dated 18 April and 25 April 2014 on the draft decision establishing CIS International Bio Corporation to comply with fire risk reduction requirements and prescribing interim countervailing measures for the operation of INB No. 29, known as UPRA, located on the Saclay site (Essonne);
    Considering the letter from CIS international bio Pôle CR/2014-088/ic dated 10 June 2014 on the application for free appeal against decision No. 2014-DC-0430 of the Nuclear Safety Authority of 6 May 2014;
    Considering the letter from CIS bio international hub CR/2014-099/ic dated 19 June 2014 on the cost of setting up an automatic fire suppression system in the fire areas of Building 549 NB 29;
    Considering the observations made by CIS international bio company on 17 and 20 October 2014;
    Considering that the analysis of the INB Safety Review File No. 29 highlighted significant gaps in the control of the internal fire risk;
    Considering that the structure of Building 549 of INB 29 is not demonstrated in the event of a fire;
    Considering that in the event of a generalized fire, in some wings of Building 549, the radiological consequences may be significant due to their mobilizable inventories;
    Considering that wing C and ADEC of Building 549 can present important inventories in radioactive iodine;
    Considering that the facility is located on the site of Saclay (Essonne), in a highly urbanized region;
    Considering that, in view of these elements, the decision of the ASN of March 19, 2013 referred to above required the establishment of an automatic fire-extinguishing system in the fire areas of ANC and wing no later than March 31, 2014;
    Considering that the fire sector of wing C defined by CIS international bio includes a front area, a rear area and a basement;
    Considering that the ASN inspectors found on 1 April 2014 the absence of an automatic fire-extinguishing system in the fire sectors of Wing C and ADEC, as prescribed in the above-mentioned decision of 19 March 2013;
    Considering that, by its decision of 6 May 2014 referred to above, the ASN has established CIS international bio to comply with the provisions of the third paragraph of the statute of limitations [INB 29-01] of the decision of 19 March 2013 referred to above, namely, to establish a system of automatic fire suppression in the fire sectors of wing C and ADEC within four months of the decision;
    Considering that the ASN inspectors found on September 29, 2014 that CIS international bio did not undertake work in the front area and basement of the wing C fire sectors; that, therefore, CIS international bio did not return to the recess at the expiry of the time limit;
    Considering that these breaches are likely to prejudice the interests mentioned in theArticle L. 593-1 of the Environmental Code even if the compensatory measures prescribed in Article 3 of the above-mentioned ASN decision of 6 May 2014 have been implemented by CIS international bio;
    Considering that it is necessary to take a consignation measure to compel CIS international bio to comply;
    Considering that CIS international bio submitted an assessment of the amount of work for the establishment of an automatic fire-extinguishing system in the fire sectors of Wing C and ADEC in its letter dated 17 October 2014;
    Considering that, in this same mail, CIS international bio transmitted a report of partial receipt of the auto-extinguishing work in the ADEC fire sector and the rear area of the wing C fire sector; that these elements are consistent with the findings of the ASN inspectors on 29 September 2014 of the commitment of the corresponding work;
    Considering therefore that the amount of the consignation must correspond to the unrealised work, that is, those of the front area and the basement of the wing C fire area;
    Considering that CIS international bio reports that the estimates for work in front and basement areas are not finalized;
    Considering that, in its letter dated 17 October 2014 referred to above, CIS international bio presents an estimate excluding taxes of the amount of work for the front area and the basement of the area of fire of wing C of, respectively, 60,000 euros and 70,000 euros;
    Considering that, in this same letter, CIS international bio presents a non-tax estimate for the common equipment of these zones of respectively 450,000 euros and 400,000 euros; that these common equipments concern five wings of the building 549 - Aile A, B, C, F and G - and that accordingly the tax-free amounts of the work are to be allocated between the wings, i.e., 90,000 euros for the front areas and 80,000 euros for the basement;
    Considering, therefore, that the amount of non-taxed work in the front area and the basement of the wing C fire sector is 300,000 euros, or 360,000 euros, all taxes included,
    Decides:


    Article 1


    In application of theArticle L. 596-15 of the Environmental Code, it is obligatory for CIS international bio company, below referred to as the operator, to record in the hands of a public accountant a sum of 360,000 euros, responding to the amount of work required to comply with the provisions of the third paragraph of the 1. of the limitation [INB 29-01] of the above-mentioned decision of March 19, 2013 that is, to establish an automatic fire suppression system in the fire sectors of the ANC and
    This amount subject to the designation will be recovered in accordance with the terms and conditions set out in theArticle L. 596-20 of the Environmental Code.


    Article 2


    The return of the amount will be made in accordance with the terms and conditions provided by theArticle L. 596-15 of the Environmental Code.


    Article 3


    This decision may be referred to the State Council:


    - by the operator, within two months from the date of notification;
    - by third parties, within four years of publication or display.


    Article 4


    This decision shall take effect after its approval and publication in the Official Journal of the French Republic and from its notification to the operator.


    Article 5


    The Director General of the Nuclear Safety Authority shall be responsible for the execution of this decision, which shall be published in the Official Bulletin of the Nuclear Safety Authority after its approval by the Minister responsible for nuclear safety.
    It will also be deposited at the Essonne Prefecture, the ASN Territorial Division in Orleans and the ASN Public Information Centre in Montrouge and posted, by the operator, permanently and visibly in the facility.
    Done in Montrouge, November 12, 2014.
    The College of the Nuclear Safety Authority (*)
    J.-J. Dumont P.-F. Chevet P. Tirmache

    (*) Commissioners present at the meeting.


Done on 1 December 2014.


For the Minister and by delegation:

The Director General of Risk Prevention,

P. White


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